Ooterhoff on Trusts
Albert H. Oosterhoff, Robert Chambers, and Mitchell McInnes
The ninth edition of this publication incorporates significant developments in the law of trusts since the previous edition. It provides students, practitioners and teachers with a clear structure for understanding the subject as a whole, as well as an examination of particular areas of complexity. In addition, when combined with extracts from cases and statutes, the textual material allows students to engage in self-directed learning.
Highlights of the ninth edition include:
- Comparing the Uniform Trustee Act and the recent New Brunswick Trustees Act with existing provincial trustee statutes.
- Discussion of sham trusts and of transfers to trustee of a pre-existing trust – Gany Holdings (PTC) SA v. Khan.
- New material on resettlement of a trust by the settlor; new material on administrative and cy-près schemes – Sydney and North Saanich Memorial Park Society v. British Columbia (Attorney General); and new material on informal public appeals – Uniform Informal Public Appeals Act.
- Analysis of new case law regarding the operation of the presumptions of resulting trust and advancement in the context of illegal purposes – Patel v. Myrza.
- Analysis of new case law on unjust enrichment and constructive trusts.
- Analysis of new case law on the trustee accounting process – Libertarian Investments Ltd. v. Hall; and new material on exculpatory clauses.
- Analysis of a recent case allowing a claim on “backwards tracing” – Federal Republic of Brazil v. Durant International Corp.
- Comprehensive reference to legislation in all of the common law provinces and territories.